May 2010 Archives

Reglan and Tardive Dyskinesia

May 18, 2010

Reglan, manufactured by Baxter Healthcare Corporation, has long been used in over 2 million children and adults for the treatment of gastrointestinal conditions such as diabetic gastroparesis disease and gastroesophageal reflux disease. The ill effects of Reglan use has not become fully apparent until recently. The FDA has announced that long term and high dose use of Reglan is linked to Tardive Dyskinesia, a highly disabling medical condition that creates repeated involuntary muscle movements of the face, tongue, eyes, arms and legs. This is particularly disheartening since the drug is only approved for short term use, but physicians have prescribed longer term use for many years. It is recommended that treatment not exceed three months.

Tardive Dyskinesia not only impedes day-to-day life, but is embarrassing because of involuntary body movements that may be rapid and jerky, slow and continuous. The lips may repeatedly grimace, the tongue may protrude irregularly, the eyes may move rapidly, the arms, legs and fingers may be impaired. There is no proven medical treatment for Tardive Dyskinesia, but the symptoms have decreased in a select number of people using Reglan once the medication was not used any longer.

Reglan has not been recalled by the FDA. Instead, there has been a black box warning placed on the drug label that describes the risk of Tardive Dyskinesia, even after the drug is stopped. The risk of Tardive Dyskinesia is greatest with long term or high dose use. This black box warning was placed following a high number of reports of Tardive Dyskinesia in Reglan users. Reglan is considered the most common cause for drug induced movement disorders.  Reglan, also known as Metoclopramide, is available in the form of tablets, syrups, and injections.

Mr. Burton Padove has vast experience in the area of drug litigation. He also has an impeccable background in the area of medical malpractice.

If you or a loved one has Tardive Dyskinesia and took Reglan, call Burton Padove for a free consultation at 219-836-2200.

Know What to Consider in the Yaz Recall Bayer Lawsuits

May 10, 2010

In November of 2009, Yaz and a similar product Ocella were recalled following reports of serious injury in users as young as thirteen years old. The problems associated with Yaz and Ocella involve the dosage of drospirenone which is known for creating health problems in users that live in European countries. In fact, the use of this ingredient in oral contraceptives was previously banned in several countries.

Since 2009, over 1,000 lawsuits have been filed against Bayer, the makers of Yaz. As more consumers become aware of the medical conditions that Yaz can cause, it is suspected that more lawsuits will arise in the case against Bayer.  The company’s Yaz product has been linked to fifty deaths in women that experienced blood clots while taking the oral contraceptive.

Women today have many choices available to prevent pregnancy. When a new option is introduced to the FDA, the product must meet specifications such as delivering a higher value to the user or providing an improved choice for the user when compared to other options. Other hormone medications such as Prempro have been linked to breast cancer.

Of course, there are a wide variety of oral contraceptive pills to choose from. But, there are other choices too.

  • There are condoms, cervical caps, diaphragms, IUDs, and sponges that bar the penetration of sperm into the vagina.
  • There’s a method to account for your ovulation time period to determine when you are most susceptible to becoming pregnant.
  • There are more permanent sterilization approaches such as tubal ligation and vasectomy.
  • There are also injectables and implantable devices for a semi permanent solution.
  • There is an emergency pill that may be used following intercourse, if you feel you may have become pregnant.

Regardless of the approach, there may be risks associated with every technique. However, oral contraceptives that are not under scrutiny or recalled by the FDA are said to present less risks when compared to those that have been taken off the market or are under and after market investigation.

If you or a loved one has been seriously injured because of an oral contraceptive, contact Burton Padove for a free consultation at 219-836-2200 or 877-446-5294 for nationwide callers.

Car Accidents: Uninsured Underinsured Motorists Call To Action

May 6, 2010

Car accidents can be reduced if we were heed one of the earliest lessons offered in driver’s training or during behind-the-wheel instruction- be a defensive driver.  Anticipate what others might do on the road. Be aware of your surroundings. Listen. Be cautious. Be ready to take evasive action if a car accident is upon you. Prepare yourself for the worst-case scenario.

Car accidents today, however, often have nothing to do with a driver’s competence or a vehicle’s road-worthiness. A car accident could be caused by the risky acts of another driver.  In fact, one of the great road risks has nothing to do with or a driver’s competence. It is the absence of auto/truck insurance or the lack of adequate coverage.

Did you know that some states have upwards of 25 percent uninsured or under-insured drivers on the road during any given day, according to the National Insurance Council? In tough economic times, these numbers can increase dramatically. As traumatic as a car accident can be, imagine for a moment that the other driver who hits you doesn’t have auto insurance at all, or has inadequate car insurance.  The thought of being injured or your car being rendered inoperable can quickly turn into a painful reality and nightmare following a car accident.

Some states required uninsured or under-insured motorist coverage, but in others, as in California, it is only recommended to be a part of liability coverage.  Insurance agents prefer their clients have the coverage because it is relatively inexpensive. Protecting yourself is essential to mitigate substantial losses that can affect yourself, your livelihood, and family.

The Uninsured or Underinsured Driver

When a car accident occurs, uninsured motorist (UM) or under-insured motorist (UIM) coverage typically pays for injuries to the driver and passengers and property damage if the other uninsured or under-insured driver is at fault and legally responsible.

An uninsured driver is classified in one of these five ways:

1)       Not having any auto insurance

2)       Does not meet state-mandated minimum liability requirements

3)       Denied insurance coverage

4)       Allowed insurance to lapse due to financial issues or neglect

5)       Hit-and-run accident involving bodily injury

In a car accident where the fault lies with the un- or under-insured driver, the insured driver’s UM or UIM coverage can pay for or offset any damages incurred. It is essential to consult with your insurance professional to find out the type and amount of coverage to make sure you and your loved ones are protected.

It has been said that the best offense is a good defense. If you aren’t sure if you are covered or to the extent you are covered from this uninsured risk, don’t delay picking up the phone and finding out from your insurance agent. You’ll be thankful for the additional peace of mind knowing that you are doing all you can to a safe, responsible and defensive driver in these uncertain times.

If you or a loved one has been in a car accident, call Burton Padove for a free consultation to learn about how to ensure receipt for financial compensation for injuries you or others sustain at 219-836-2200 or 877-446-5294 for nationwide callers.

Car Accident Tips

May 2, 2010

Car accidents happen. In fact, on average, it is estimated that an American citizen is in an auto accident six times during his or her lifetime. There were 6.4 million automobile accidents in the U.S. during 2005, the latest statistic available. However, the National Highway Transportation Safety Board’s early estimate is that 34,000 people were killed in motor vehicle accidents in 2009. Since there is a likely chance that you will be involved in a car accident in your lifetime, we’ve listed some tips for you know about car accidents.

1) Remain at the scene of the car accident. Whether there is injury or property damage or not, it is important to stay at the scene until the police give you permission to go. A person who leaves an accident scene prematurely can be cited and even charged criminally. It is better to wait and take the extra time to give an incident report to the police than to later find yourself in deep trouble.

2) At the car accident scene, do not move or administer first aid to anyone who is injured. You set yourself up for greater liability if something goes wrong and you are held responsible. Turn your car emergency flashers on and call 911, letting the trained first-responders handle the rest.

3) Get the necessary accident information: The other driver’s name, address, driver’s license number, license plate number; any witness information; police officer’s name, badge number, incident report number; location information, cross streets, road conditions, weather, and any other pertinent information about the car accident that could be forgotten over time. Know that this information may be used in the case of litigation, whether you are suing or being sued, so it’s essential to be thorough and truthful.

4) Do not admit fault, even if you believe you are at fault. As well, do not admit liability. These admissions could come back to haunt you. Try your best, even with your emotions running high, to leave blame-assigning to the police and insurance companies.

5) Moreover, make statements only to the police at the accident scene. Keep to the facts.

6) Seek medical help. It is typical to think you are unhurt after the adrenaline rush of a car accident. Often symptoms are masked initially. It is wise in a moderate to serious accident to consult a physician to rule out head, neck or body injuries that may have resulted from the car accident. If you have disorientation, nausea, confusion ear ringing, or dizziness, you need to see a doctor immediately.

7)  If you are even slightly injured,  obtain medical care as soon as is possible.  Often times, injuries suffered at the scene seem slight and can end up being quite serious.  Immediate medical attention can prevent major problems from developing.

8) Contact an attorney to learn about your legal rights before you speak with an    insurance adjuster.

Car accidents, even minor ones, can be stressful and traumatic, but remaining calm and remembering the aforementioned guidelines will help you to pass it confidently while minimizing potential loss.

If your child or a loved one has been seriously injured because of a car accident, contact Burton Padove for a free consultation at 219-836-2200 or 877-446-5294 for nationwide callers.